National Industrial Credit Bank Limited v S. K. Ndegwa Auctioneer [2005] KECA 1 (KLR)
- Court
- Court of Appeal
- Case number
- 1
- Citation
- [2005] KECA 1 (KLR)
- Decided
- 21 December 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the High Court's decision to assess auctioneer's feesCoramR. S. C. OMOLO, E. M. GITHINJI, W. S. DEVERELL
Holding
The fees assessed by the Deputy Registrar based on the decretal sum are set aside. The matter is remitted to the Deputy Registrar to assess the auctioneer's fees on the basis of the value of the properties attached.
Facts
The Bank applied for execution of a decree by way of attachment and sale of movable properties of judgment-debtors. The auctioneer issued a proclamation of attachment, but the Bank disputed the fees claimed. The Deputy Registrar assessed the fees based on the decretal sum.
Issues
- Legal entitlement of the auctioneer to fees for proclamation of attachment
- Whether the fees should be based on the decretal sum or the value of the attached goods
Reasoning
The fees should be based on the value of the attached goods rather than the decretal sum, as it would be unjust to base the fee on the decretal amount.
Outcome
Partially allow the appeal
Orders
- Set aside the fees assessed by the Deputy Registrar
- Remit the matter to the Deputy Registrar for re-assessment
Authorities cited
Legislation (1)
- Auctioneers Rules 1997
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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